Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-10-24
PLUMBING h REGULATIONS ILLEGAL
An Important Deci lion To-Day by the
Court iM General Term.

An AsssRVES0uS DeC1 s1On VOsDaY Oy tuc
Court in General Term.
THE COMMISSIONERS COMPELLED TO ISSUE PERMIT
TO Mr. HANNAN-rHE RECENTLY PROMULGATED
REGULATIONS DECLARED TO BE BEYOND THE AU-
THoKrrY OF THE CoMMIssIoNERs-JUDGE JAMES
THINKS THERE OUGHT TO BE LAW.
In the Court In General Term to-day an opinion
was delivered by Chief Justice Bingham in the
case OF the United States, ex REL, Daniel Hannah,
agt. VIM Ludlow, Engineer Commissioner OF the
District which probably renders void the regula-
tions recently adopted by the Commissioners re-
quir!ng plumbers to be examined before registra-
tion. and imposing other requirements upon plum
bers before permitting them to engage in business
as plumber. The case came before the court on
the petition OF Mr. Hannah to compel the Engi-
neer commissioner to issue permit to him to
make the necessary excavation to Introduce water
INTO premises S22 18th st eet northwest, his appu
cation for such permit having been re used on the
certain regulation IN Ide by the District Commits
sioners April 23, 1887. The petitioner alleged
That the requirements OF the regulations made
last April were made without authority; that
they are unreasonable; that they are In restraint
OF trade, an Invasion OF the reatOrS right TO pur-
sue his craft; that they Inconsistent with the
common law. and are an invasion OF the right of
property, and that they impose the relatOrs bur-
dens from which other trades are free.
THE ACT OF CONGRESS.
Chief Justice Bing lam, in announcing the opin.
on the act OF Congress approved January 25, 1881,
authorizing the employment OF an inspector of
plumbing, and Investing the health officer with
authority. under the direction OF the Commission
plumbing, Ouse drainage, and the ventilation OF
hou sc wers, and providing penalties to be imposed
upon persons neglecting or refusing TO comply with
such regulations when Promulgated. In November,
1882, the health officer ide certain regulations
providing for the registering of plumbers, and
the Issuing OF permits to make excavations &C.
Det1f1On r alleging haf "a haG pliadv ifh
the regulations OF November, 1881. sets forth that
on the 1St OF september last he IN ide application
10 Introduce water In the house S22 12tn street,
and permission was refused end is still reused on
the ground OF Noncompliance with certain other
regulations made Apri. 23. 1887, by the Comnis-
siOners, purporting to be ISSUED under the same
act. 1t was these regulations that the petitioner
claims are
WITHOUT AUTHORITY OF LAW,
unreasonable, and an unwarranted interference
with his rights. 1t was also claimed that the
order OF the Commissioners OF May last,
requiring plumbers previous to registering, TO
not warranted. and imposed burden on
the plumbers not imposed on other trades
Chief Justice Din aam tncu led IN his opinion the
RUE, and regulations promulgated A ril % last,
which among otner requirements prescribe that no
person shall be allowed to engage In the plumb
ever reiaing to the water supply or drainage OF
premises in the District except master plumber
who shall have duly registered or an empioye OF a
duly reg stored master pumber; and that no
p. lumber shall be allowed TO register until he shall
have passed a satisfactory examination by the
required is qualifications for registering that the
can iidite snail be twenty-One years OF age a
citlz.n OF the United States for at least one year
previous to his application, and be certified a
man or intelligence, GOOD habits and character,
by az least t!ree responsible citizens: No Objec-
said, TO the regulations OF November, 1852.
THE POWERS OF THE COMMISSIONERS.
The 1rsJ objection to the regulations OF April
last was that the Commissioners had no power to
make such regulations, the health Officer being by
the act OF J.nuary %, 1881, exclusively empow-
that as the health officer can only execute and
enforce such gulations as the Commissioners
direct, the Commissioners must first direct what
the re ,ulatons shall be- The court therefore, did
not sustain this objection. The other point made
by the petitioners was that, cOnceding that the
commissioners, the regulat ons In question are in
excess OF their legal authority and therefore void
The court was not, the CHEF Justice said,
unmindul OF the gravity OF the question before 1t.
The regulation OF Plumbing In its relations TO the
health OF the community Undoubtedly called for
Tine Tine sxeIcss Of al the S
ri hts OF citizens could not be invaded He quoted
authorities to snow that municipal corporations
q cessary TO enforce powers specifically granted
by Jaw. and that an order cannot be made to con-
travene common law.
THE EXAMINATIONS UNwARRANTED.
The Chief Justice then summarized the require
ments prescribd d by the new regulations as neces.
sary before plumber could be registered, and said
that the scheme to test the qualifications of
plumber Was not warranted by the act OF January
%, 1881, authoriZin the appointment OF an in
ectOr OF plumDin &c. The court Sconstruction OF
this act was that the regul tions authorized by 1t
applied, not to the plumbers themselves but to
tue work done by the plumbers or, In other words.
1t was Intended TO secure good plumbing. This the
court thought, The entire scope OF the statute
Nor did Inc court think the Commissioners mad
ferya sa'I upon them a Nv her ampnsa con-
to in the argument Of the case. the
acts relating 70 the control of Streets &C.
power The court reached this conclusion reluct-
anLly. 1t may be that the Commissioners should
possess the power they have attempted TO exer-
else, and, II So an appeal should be made to Con-
gress. The courts attention had been called the
chief justice said, during the examination OF the
the district The provisions Of this act and the
plumbing regulations issued by the Commissioners
are SO similar IN structure that the suggestion at
once comes to mind that these rules and regu.a-
tons were patterned after this act To the court
It seemed chat the fact th It Congress found 1t
necessary to pass such an act In relation to steam
engineers sugs sested that the power should come
also from Congress to enable the Commissioners to
pass such regulations respecting plumbers.
JUDGE JAMES IN FAVOR OF NEW LAW.
Judge James said he would like to add what
might be an extra-JudAcial opinion. They were. he
said. In the hands Of the plumbers Just as they
were In the hands Of the druggists. Both can
poison them. 1t would be an extremely desirable
thing II some one would have such law passed as
the Commissioners had framed respecting plumb
era Such regulations he deemed necessary.
Whatever the Commissioners did, he said was apt
to be criticised as an act OF tyranny. In this case
he was sorry they have not the power to make the
regulations The court directed the mandamus to
issue.
Mr. CHAABERLANs PRoGRAM.-Mr. Chamberlain
having completed his Arrangements TO sail for
America next Saturday, IL IL announced that he
will make only brief visit to New York, and then
proceed 70 Washington. After leaving Washing
ton he will make tour Of Canada. It is asserted
that he VIII make no public speeches while In
America. and this u probably true with regard 70
the United States but It u thought TO be doubtful
that he can resist the temptation 70 indulge In his
propensity for public defamation TO which he VIII
unQuestionAbly be subjected In Canada
KILLED 1Y TRAM RoBB.Rs-Masked highway.
men halted stage coach near Redding, Cal, Fr1-
day night, and when the stare horses became
fnyhtened ana started TO run enc OF the robbers
robbers escaped.
rAnIIno o. TIE MURDERED PoIlCnM.-A spe-
caal from East Saginaw, Mich, says: Charles II.
Plummer, wealthy lumberman OF this city,
o6erS 70 give to each OF the families Of the police
OfIlCorD murdered at tho Haymarkat S0uaF0 In